Rajakumar v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Rajakumar ... Petitioner Vs.

State Rep.by The Inspector of Police, Ramanathapuram Police Station, Coimbatore City, Coimbatore District.

(Crime No.312 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.312 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.C.S.Saravanan For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 14.07.2025, for the offence punishable under Sections 6(a), 24(1) of 1/6

Cigarette and Other Tobacco Products Act, 2003 and Section 123 of BNS, 2023, in Crime No.312 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner herein, who is running a grocery shop, was found in possession of 8.922 kgs of banned tobacco products worth Rs.8672/. Hence the present complaint.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation is still pending and as far as the petitioner is concerned, this is the second case of a similar nature.

4. The learned counsel appearing for the petitioner submitted that the earlier case was of the year 2019 and same was disposed of.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made on either side, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 2/6

7. Accordingly, the petitioner is ordered to be released on bail on depositing a sum of Rs.10,000/- (Rupees Ten Thousand only) in the account pertaining to Crime No.312 of 2025 within a period of fifteen days. On such deposit, the surety may be considered and on further conditions that:

[a] The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI Court, Coimbatore;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in 3/6

accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.08.2025 rpl Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate No.VI, Coimbatore. 2.The Inspector of Police, Ramanathapuram Police Station, Coimbatore City, Coimbatore District.

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3.Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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